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Schaumburg, IL HOA Rules: Dispute Resolution (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Intake authority
Village manager or designee investigates complaints
First remedy
Conciliation conference and written agreement
Second remedy
Written assurance of discontinuance from declarant
Escalation
Injunction or restraining order in court
Separate track
Civil suit under § 98.98, no exhaustion required

Summary

Schaumburg routes condominium disputes through the village manager's office before anyone sees a courtroom. Section 98.75 authorizes the manager or a designee to investigate complaints and, once a chapter violation is found, to pursue conciliation, a written assurance of discontinuance, or an injunction, giving owners and declarants a village-level path to resolve disagreements over the Condominium Ordinance.

(A)The village manager or their designee is hereby authorized and directed to receive complaints and conduct such investigations as deemed necessary pursuant to the authority vested in that office.(B)Whenever it is determined by the village manager or their designee that there has been a violation of this chapter or any duly adopted rule or regulation of the village, that office is authorized to seek all or a portion of the following relief, or any other relief that may be granted by law:(1)Attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement.(2)Seek a written assurance of discontinuance which shall be signed by the declarant and the village manager or their designee.(3)Institute injunctive or other appropriate action or proceeding in any court of competent jurisdiction to obtain a restraining order, permanent or temporary injunction or any other appropriate form of relief.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56 Update 1 | Policy Manual: Supplement 20).

Full Breakdown

75, part of the 'Administration' subdivision of the Schaumburg Residential Condominium Ordinance and last amended by Ordinance 22-072 in 2022, gives the village manager or a designee two roles: receiving complaints and investigating them 'pursuant to the authority vested in that office,' and then, once a violation of the chapter or a duly adopted village rule is confirmed, choosing among a menu of remedies. The village can attempt to conciliate the matter by conference 'or otherwise' and secure a written conciliation agreement between the parties, or it can seek a written assurance of discontinuance signed by the declarant and the village manager.

If those informal routes fail, the village can escalate by instituting injunctive or other action in a court of competent jurisdiction to obtain a restraining order or permanent or temporary injunction. The section explicitly leaves the door open to 'any other relief that may be granted by law,' so conciliation and assurances of discontinuance are tools the village can use, not an owner's exclusive remedy. 98's civil remedy provision, which runs on a separate, private track.

Violations & Fines

Section 98.75 itself is a process, not a penalty, but the violation it investigates can still land in court. If conciliation and a written assurance of discontinuance do not resolve the matter, the village manager's office can direct the village attorney to seek an injunction or restraining order, and § 98.98 separately lets an owner or tenant sue for compensatory damages plus punitive damages up to three times that amount, capped at $1,500, with attorney fees to the prevailing party.

Frequently Asked Questions

How does Schaumburg handle a complaint about a condo association?
The village manager or a designee receives and investigates the complaint under § 98.75. If a violation of the Condominium Ordinance is confirmed, the office can try to conciliate the dispute, secure a written assurance of discontinuance from the declarant, or, if that fails, ask a court for an injunction or restraining order.
Do I have to go through village conciliation before suing a declarant?
No. Section 98.98 gives unit owners and tenants a separate, private right to sue for a declarant's violation of the ordinance, independent of whether the village manager has pursued conciliation under § 98.75. A court can award compensatory and punitive damages plus attorney fees regardless of the village's own investigation.
What is a written assurance of discontinuance?
It is one of the remedies the village manager can seek under § 98.75: a signed commitment from the declarant to stop the violating conduct, obtained as an alternative to going to court. If the declarant later breaks that assurance, the village can still pursue an injunction or other relief.

Sources & Official References

Other rules in Schaumburg

All Schaumburg rules

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